logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.10.30 2019고단2477
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who is accused shall transfer or acquire the means of access necessary for electronic financial transactions;

On May 2018, the Defendant received a proposal from a person who has not been aware of his name to transfer the check card and passbook from the person who has not been aware of his name, and consented to the proposal. In accordance with the direction of the person who has not been aware of his name, the Defendant sent the means of access, such as the check card, connected to the DDR account in the name of the Co., Ltd. (E) and received KRW 500,000 in return for cash.

Accordingly, the Defendant transferred the means of access necessary for electronic financial transactions.

2. No one shall transfer or acquire the means of access necessary for electronic financial transactions;

On February 2, 2017, the Defendant received and consented to the proposal that “The Defendant would give money on the face of the transfer of the check and passbook,” from a person in an infinite name, and then, according to the direction of the person infinite name, delivered the means of access, such as D Union accounts in the name of limited liability company F, Enterprise Bank accounts (H), and I Bank Accounts (J) by using an express bus and received money in return.

Accordingly, the Defendant transferred the means of access necessary for electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of K;

1. Application of Acts and subordinate statutes on details of transfer transactions, application for opening of each account, business registration certificate, and details of each account transaction;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (Defendant B) of the Commercial Competition Act;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the Defendants’ age, character and conduct, the number of the means of access transferred by the Defendants, the details and circumstances of the instant crime, and the circumstances after the crime.

arrow